Introduction
Imagine being forced to choose between serving your country and being with your family – that’s the difficult reality faced by many undocumented family members of active-duty military personnel. But there’s a solution: Military Parole in Place.
The purpose of this article is to provide you with a comprehensive understanding of the Military Parole in Place. It will cover the eligibility criteria, application process, and benefits of the program. By the end of the article, you will have a clear understanding of what Military Parole in Place is and how it can benefit military families.
What Is Military Parole in Place?
Military Parole in Place is a program that allows certain undocumented family members of active-duty military personnel to remain in the United States without fear of deportation. The USCIS created this program to address the unique circumstances faced by military families who have undocumented members. Essentially, it grants temporary legal status to eligible family members, which allows them to apply for work authorization and other benefits.
Explanation of the Concept
Under Military Parol in Place, eligible family members of active-duty military personnel can apply for parol. This is a temporary legal status that allows them to remain in the United States without fear of deportation. They are granted parole on a case-by-case basis and it’s typically valid for one year at a time.
To maintain their parol status, family members must not commit any crimes and must remain in the United States. Once the Parol period expires, family members can apply for an extension or an immigration status change.
Eligibility Criteria
- Must be the spouse, parent, or child (under 21 years old) of an active-duty military member
- Must be physically present in the United States at the time of the application
- Must have entered the country legally or be able to demonstrate eligibility for a waiver
- The military member must provide evidence that their absence from the United States would create a hardship for their family
Benefits of Military Parole in Place
- Allows eligible family members to remain in the United States without fear of deportation
- Allows eligible family members to apply for work authorization
- Makes it easier for family members to apply for certain types of immigration benefits, such as green cards
- Provides a measure of security for military families during a time when their loved ones are serving their country.
Related: Naturalization and U.S. Military Service: The Complete Guide
History of Military Parole in Place
Military Parole in Place has a relatively short history, but its development has been shaped by changing policies and regulations over time. It was first introduced in 2007 by the United States Citizenship and Immigration Services (USCIS).
At that time, Military Parol in Place was only available to certain family members of military personnel who were serving in combat zones. However, in subsequent years, the program was expanded to include more family members and to provide additional benefits.
Over the years, several changes have occurred in the policies and regulations surrounding Military Parole in Place. For example, in 2013, USCIS clarified the eligibility requirements for the program, making it easier for some family members to apply.
Additionally, in 2016, the program expanded to include family members of veterans and those serving in the Selected Reserve or the Individual Ready Reserve. In recent years, discussions about the future of Military Parol in Place have been constant. It remains unknown whether the program will continue to evolve in the coming years.
Step-By-Step Process of Applying for Military Parole in Place
Applying for Military Parole in Place can be a complicated process, but with the right information and guidance, it’s possible to navigate successfully.
- Gather required documents: Before starting the application process, you will need to gather various required documents.
- Complete and file the application: You will need to complete and file Form I-131, Application for Travel Document, with the USCIS.
- Wait for a decision: USCIS will review your application and may request additional information or documentation. If your application is approved, you will receive a travel document that grants you Parol status for a specific period.
Required Documents
The documents required for Military Parole in Place include:
- Proof of your relationship to the military member, such as a marriage certificate or birth certificate
- Evidence of the military member’s active duty status, such as their military ID or deployment orders
- Evidence that the military member’s absence would create a hardship for your family, such as proof of financial dependency or medical conditions
Common Challenges and How to Overcome Them
Application for military Parole in Place application can be challenging, and some common issues include:
- Difficulty gathering required documents: Make sure to start the application process early and keep detailed records of all the documents you need.
- Lack of understanding of the application process: Consulting with an immigration lawyer or other expert to help guide you through the process can be helpful.
- Fear of negative consequences: Some family members may be hesitant to apply for Military Parole in Place due to fears about their immigration status. However, it’s important to remember that the program was designed specifically to protect military families, and USCIS is unlikely to take action against individuals applying in faith.
Military Parole in Place Vs. Other Immigration Options
Military personnel and their families have a range of immigration options available to them. However, it’s important to understand the differences between these options and the potential advantages and disadvantages of each.
Here is a comparison of Military Parol in Place with other immigration options available to military personnel and their families:
Adjustment of Status
Adjustment of Status is an immigration process that allows individuals who are already in the U.S. to apply for lawful permanent residence (green card). This option may be available to some military family members. Although, it can be a lengthy and complicated process that requires meeting certain eligibility requirements.
Pros and Cons
Pros:
- Provides a pathway to permanent residence
- Potential eligibility for government benefits
Cons:
- Lengthy process
- Strict eligibility requirements
Non-Immigrant visas
Nonimmigrant visas, such as the F-1 student visa or the H-1B work visa, allow individuals to enter the U.S. for a temporary period for specific purposes. However, these visas may not be available to all military family members, and they may require meeting strict eligibility requirements.
Pros and Cons
Pros:
- Allows for temporary stay in the US
- Potential eligibility for work or study
Cons:
- Limited eligibility
- Temporary status may not provide long-term security
Military Parole in Place
Military Parole in Place is a specific immigration option that is only available to certain family members of military personnel who are already in the U.S. It provides temporary protection from deportation and may allow family members to apply for work authorization or other benefits.
Pros and Cons
Pros:
- Provides temporary protection from deportation
- Potential eligibility for work authorization and other benefits
Cons:
- Limited eligibility
- Temporary status may not provide long-term security
Summary: Military Parole in Place
Military Parole in Place is an important immigration option for military personnel and their families. It provides temporary protection from deportation and may allow family members to apply for work authorization or other benefits.
However, it’s a complex option that requires meeting certain eligibility requirements and submitting the proper documentation. Military personnel and their families should consult with their legal office or an experienced immigration attorney to determine if the program is right for them.
Do You Need to Talk to an Immigration Attorney About Your Military Parol in Place Application Process?
Contact an experienced attorney through us. To schedule a consultation, dial 914-481-8822. Our expert attorney will give you more information about the eligibility requirements and application process of your military parol in place, and offer the legal guidance you need.
